do you have any legal righ on a property you have contributed towards for five years but aren't on the mortgag

Question

I have lived with my partner for nine years and we have shared a "home" together for 5 and half years, and I have financially contributed towards this property for all of that time, but am not stated on the title deeds as i was at university when th eproperty was acquired. recently, he remortgaged the property to buy a site for us to build a house to live in a rear our four yesr old son. Now he wants to seperate and informs me that I have no say in either. In addition I was not asked by his solicitor or mortgage company to consent to the mortgage. Can anyone give me any advice on this situation?

Answer 1

Unlike married couples, unmarried couples have no basic rights to their partner's property or to maintenance if they split up. Basically what is his is his, what is hers is hers, and what is jointly-owned needs to be divided.

If a house is bought in joint names, it should be split accordingly on separation, and either party can force a sale of the property to realise their share. If the parties are contributing unequally to the purchase price, or to payments on the property, for example if he is paying 70% and she is paying 30%, this should be reflected in the amounts they take away with them.

If the property is in the sole name of one party, it remains that person's property on separation, unless the other party can establish that there was an intention that they would be entitled to a share in the property. If you have children then you can ask the courts to make a property transfer order under the Children Act 1989 or if you have made contributions to the property itself (mortage payments do not count), then you may have an equitable interest. Establishing a claim in equity can cause much stress, expense and frustration.

The Children Act is the better option because if an unmarried couple split up, the mother will automatically have the right to look after her child, and the father could not challenge her unless they have entered into a Parental Responsibility Agreement or he has a court order in his favour.

Answer 2

Hi

Well contrary to the rubbish I have read in answer to this question they have all failed to look at the equitable interest you may be able to show in the property.

If you have contributed to the costs and upkeep of the property and you can show this by producing receipts for work paid for by you and contributions to mortgage payments on the property you may have a claim to a share of the property in equity law. This is because you may have an equitable interest in the property as a result of this financial input and support.

You need to talk to an equity law specialist.

Hope this helps.

Answer 3

You did not need to consent because you were not on the legal title, but don't worry about that since, unless your partner is intending to become bankrupt or something , you do not need to worry about the mortgage.

You have rights but they are not automatic, and if you and your partner cannot agree yourselves into a settlement you have to go to court to enforce it.

In the meanwhile you should protect your occupational rights with a notice on the legal title, any solicitor should be able to help you for a fee.

Answer 4

I think it is a rotten deal. A real man would take care of his children. I do not think you have any legal rights to the property. What you do have is the right to parent your child and the life you have been accustomed to. You need to fight for the terms and file the papers first. It is a good idea to show that you have the interest of the child and your living situations in mind. You deserve for the father to be responsible for the cost of raising the child. File papers with children services and welfare if you have to. The father is responsible.

Answer 5

It depends on the facts. You do not have any rights at law, but you might have certain "equitable" rights. This would not be decided in a law court but would rather be held in a chancery court.

I recommend you consult with an attorney or solicitor. You will not be able to accoumplish much without professional legal assistance.

Answer 6

You have no rights unfortunately.

You may have rights if there was a promise to marry and that was broken but you don't say that so I won't assume that.

As for your payment the law would look at you as a tenant. You essentially paid rent. Now if you put significant improvements into the house you could.possibly sue for payment of those improvements.

But he and he alone can decide if he wants to sell the property.

Answer 7

You need to take some legal advice on this. Make sure that he also pays for your child. Good luck

Answer 8

if you helped mow the lawn, or did the garden, you could possibly place a contractors lien on the property (it could never be sold w/o you being paid off)... That's about it. ;)

Answer 9

yes you do have rights for you and your son go and see a solicitor

Answer 10

Unless it is put down in writing,by law.
You dont have no proof, so you dont get a say.